How do I drop a misdemeanor larceny charge at the defendants first court appearance in NC?
Question Details: The defendant stole from my store but I do not want to pursue charges against him anymore. Do I show up at his arraignment? How would I proceed with getting him off.
Step 1: Explain to the DA that you don't want to pursue the charge, and don't wish to testify. While theoretically they could subpoena you to testify, this is very unlikely in a misdemeanor case such as this.
If the DA gives you a brush off or says he or she is going to continue pursuing the charge, tell the defendant's defense attorney.
If the defense attorney knows you won't testify, the defense attorney won't enter into a plea (unless the prosecutor has other strong evidence proviing his client's guilt).
In Wake County, the DAs usually will drop misdemeanor charges if they know the victim doesn't want to testify.
Finally, if you've not been subpoenaed, you don't need to show up in court. Your absence from court will probably make it difficult for the prosecutor to make his or her case, resulting in a dismissal.
The decision whether or not to prosecute a case (i.e. whether or not to drop charges) rests with the prosecutor and not with the alleged victim. What that means, from a practical standpoint, is that a case may be prosecuted over your objection. While the states case would be stronger with your testimony, if there is other evidence to support the charge the case may still go forward. You should make the prosecutor aware of your position ASAP. Possibly, for a matter such as this, they will consent to drop the charge. If not, a defense attorney may be able to use the fact that you do not want to cooperate as leverage to obtain a favorable result for the defendant (i.e. to potentially have the charges dismissed or otherwise resolved favorably).
